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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. The Plaintiff is a person who is engaged in private taxi transport business with a vehicle B.
B. The Plaintiff’s taxi is a vehicle organized under Article 42-4 of the “Additional Taxi System” in which Seoul Special Metropolitan City is in force, and is a every week’s demand, Sundays and every month, and the fourth week’s day off.
C. On July 31, 2017, the Defendant issued a disposition imposing a penalty surcharge of KRW 300,000 on the Plaintiff on the ground that the Plaintiff’s fourth day on April 28, 2017, on the ground that the Plaintiff violated the subordinate system to a private taxi, such as operating the said taxi in front of the new-dong market in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant disposition”).
【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 4, Eul's 1 through 5, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. Plaintiff’s assertion 1) On April 28, 2017, the Plaintiff: (a) operated a taxi on April 28, 2017 by starting the taxi on the working day; and (b) it was derived from the fact that the Plaintiff did not provide incorrect guidance to the private taxi transport business association to which the Plaintiff belongs; (c) it should be deemed that there is a justifiable reason not to cause the Plaintiff’s failure to perform his/her duty; (d) in addition to the circumstances in the above subparagraph 1, the Plaintiff has been operating the taxi business in good faith for a period of 50 years; (c) the Plaintiff was operating the taxi business in good faith for a period of 50 years; (d) the first day of each month of mistake or error; and (d) it was not a part of the violation of the above sub-committee; and (e) the Plaintiff was an elderly student in 1942; and (b) the instant disposition was beyond the scope of discretion or abuse discretionary authority for the administrative purpose of administrative sanctions to achieve the administrative purpose doctrine.